Texas Criminal Statute of Limitations

Criminal Statute of Limitations for Felonies in Texas

Except as provided in Article 12.03 of the Texas Penal Code of Code of Criminal Procedure, felony indictments can only be presented within the time limits below:

Felonies with no limitation of time:

Manslaughter

Murder

Sexual Assault under Section 22.011(a)(2), Penal Code

Aggravated Sexual Assault under Section 22.021(a)(1)(B), Penal Code

Sexual Assault if: (1) during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or (2) probable cause exists to believe that the defendant has committed the same or a similar sexual offense against five or more victims

Continuous Sexual Abuse of Young Child or Children under Section 21.02, Penal Code

Indecency with a Child under Section 21.11, Penal Code

An offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person

Trafficking of Persons under Section 20A.02(a)(7) or (8), Penal Code

Continuous Trafficking of Persons under Section 20A.03, Penal Code

Compelling Prostitution under Section 43.05(a)(2), Penal Code

Felonies with a 10 year statute of limitation:

Theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate

Theft by a public servant of government property over which he exercises control in his official capacity

Forgery or the uttering, using or passing of forged instruments

Injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code

Felonies with a 5 year statute of limitation:

Injury to an Elderly or Disabled Individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code

Abandoning or Endangering a Child

Insurance Fraud

Felonies where the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:

Sexual Performance by a Child under Section 43.25, Penal Code

Aggravated Kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually

Burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision

Felonies where 10 years from the 18th birthday of the victim of the offense:

Trafficking of Persons under Section 20A.02(a)(5) or (6), Penal Code

Injury to a Child under Section 22.04, Penal Code

Bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed

Felonies with a 3 year statute of limitation:

All other Felonies

Criminal Statute of Limitations for Misdemeanors in Texas

A Class A Misdemeanor in Texas is the severest class of the three different levels of misdemeanor offenses – Class A, Class B & Class C – and typically carry the maximum weight of punishment that can be assessed for a misdemeanor offense.

Some misdemeanors that are repetitive offenses can be filed as a higher misdemeanor or felony charge.Example for DWI:

A first time offender for DWI where no accident is involved, no child under 17 in the car and the BAC is under 0.15, the offender will be charged with a Class B Misdemeanor.

A second time offender for DWI where no accident is involved, no child under 17 in the car and the BAC is under 0.15, the offender will be charged with a Class A Misdemeanor.

A third time offender for DWI will be charged with a Felony DWI which is a Third Degree Felony.

Class A Misdemeanors with a 2 year statue of limitation:

An indictment or information for any Class A Misdemeanor has to be presented within two years from the date of the offense.

Assault with Bodily Injury

Assault Involving a Family Member

Bad Checks or Hot Checks if the value of the property or service is $750 or more but less than $2,500

Burglary of a Vehicle

Burglary of a Vending Machine

Cruelty to Animals

DWI (second time offender)

Gambling Promotion

Perjury

Possession of 2-4 ounces of Marijuana

Public Lewdness

Resisting Arrest

Unlawful Carrying of a Weapon

Unlawful Restraint>

Violation of Protective Orders

Class B Misdemeanors with a 2 year statute of limitation:

An indictment or information for any Class B Misdemeanor has to be presented within two years from the date of the offense.

Bad Checks or Hot Checks if the value of the property or service is $100 or more but less than $750

Child Enticement

Criminal Trespass

Criminal Mischief

DWI (first time offender)

Evading Arrest on Foot

Failure to Pay Child Support

False 911 Calls

False Report to a Police Officer

Harassment

Indecent Exposure

Minor Drug Possession

Prostitution

Terroristic Threat

Vandalism

Class C Misdemeanors with a 2 year statue of limitation:

An indictment or information for any Class C Misdemeanor has to be presented within two years from the date of the offense.

Bad Checks or Hot Checks if the value of the property or service is less than $100

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